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BATTALLA v. STATE OF NEW YORK

10 N.Y.2d 237 (1961)

Carmen Battalla, an Infant, by Her Guardian ad Litem, Carmen Battalla, Appellant, v. State of New York, Respondent. (Claim No. 35621.)

Court of Appeals of the State of New York.

Decided July 7, 1961.

Attorney(s) appearing for the Case

Leon Segan for appellant.

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager, Paxton Blair and Jean R. Coon of counsel), for respondent.

Judges FULD, FROESSEL and FOSTER concur with Judge BURKE; Judge VAN VOORHIS dissents in an opinion in which Chief Judge DESMOND and Judge DYE concur.

BURKE, J.

The question presented is whether the claim states a cause of action when it alleges that claimant was negligently caused to suffer "severe emotional and neurological disturbances with residual physical manifestations".

The appellant avers that in September of 1956, at Bellayre Mountain Ski Center, the infant plaintiff was placed in a chair lift by...

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